CORRECT ANSWERS
To have maritime jurisdiction, you generally need..... - correct answer-
to have a vessel on navigable waters.
A waterway is navigable if.... - correct answer-it is capable of being used for commercial traffic.
To qualify as a seaman, do you need to aid in navigation? - correct answer-NO
TRUE OR FALSE: A vessel does not lose its status if its registration lapses. - correct answer-true
To qualify as a vessel, a watercraft: -Rcorrect answer-
must be practically capable of transporting goods and people over water, AND a reasonable observer, lo
oking at the ship's characteristics, would consider it to be designed to carry goods/people over water.
Two prongs to satisfy in order to qualify asRa Jones Act Seaman: - correct answer-
(2) the employee's duties must contribute to the function of the vessel or the accomplishment of its mis
sion
(3) the employee must have a connection to a vessel in navigation (or an identifiable fleet of such vessel
s) that is substantial in terms of both its duration and nature
The nature requirement is satisfied if... - correct answer-the employee has duties of a sea-
going nature and if he isRexposed to the perils of the sea
The duration requirement is satisfied if... - correct answer-
The Duration requirement is satisfied if the employee spends at least 30% of his time in service of that v
essel or fleet
The Jones Act provides a seaman with... - correct answer-a cause of action for negligence
Claims for negligent infliction of emotional distress are under the Jones Act - correct answer-
Recoverable. Use the Zone of Danger test.
, Defenses to the Jones Act? - correct answer-
Contributory Negligence/Comparative fault, though only as a diminution.
Statute of Limitations for the Jones Act? - correct answer-Three Years
Maintenance is intended to cover... - correct answer-
an injured seaman's living expenses while undergoingRcure.
Cure is intended to cover... - correct answer-medical expenses for treatment of illness & injury.
A vessel is seaworthy if.... - correct answer-...it is fit for its intended use/purpose.
Does a vessel owner have a duty to provide an accident-free ship? - correct answer-no
Conditions that make a vessel unseaworthy? - correct answer-1. incompetent or insufficient crew
2. unreasonably slippery floors
Can a seaman recover punitive damages on an unseaworthiness claim? - correct answer-no
If a seaman is discharged SOLELY for bringing a Jones Act claim, what other claim is he then entitled to b
ring? - correct answer-Retaliatory Discharge
To be covered by the LHWCA, a longshoreman must pass which tests? -Rcorrect answer-
The status and situs test.
To be covered under the LHWCA, an employer ... - correct answer-
must spend some portion of his work during a traditional longshore activity